WASHINGTON — Attorney General Eric Holder Wednesday defended himself against Republican criticism that the Justice Department is treating terrorism suspects as criminals rather than enemies of the state.
Testifying before the Senate Judiciary Committee, Holder said his department needs prosecutorial options to successfully execute its anti-terrorism duties as he answered Republican concerns about where Khalid Sheikh Mohammed will be tried and the granting of Miranda rights to terrorist suspects. He also reaffirmed the Obama administration’s commitment to closing the Guantanamo Bay detention facility.
Responding to questions, Holder said he hopes Osama Bin Laden will be captured and interrogated, but he doesn’t think it’s likely that Bin Laden will be taken alive.
Alabama Sen. Jeff Sessions, the committee’s top Republican, member, pushed the attorney general on the treatment of terrorist suspects. “Pretending that terrorists can be considered criminals will not make it so,” he said.
Sessions called for Mohammed and his co-defendants to be tried in a military commission and questioned the White House’s involvement in the deliberation over where the trial should take place.
“It makes me a bit uneasy to have politicians discussing where the cases ought to be tried,” he said.
Holder had planned to try Mohammed in a civilian court in New York City, but subsequent political pressure caused the Obama administration to reconsider the idea.
Holder defended the White House’s participation in the decision-making process, saying that, given the “very real national security concerns” at stake in the trial, he felt that the president’s national security team should have a role.
“The decision that I made, and the decision that I will make, depends on what is best for the case,” said Holder.
Sen. Charles Schumer, D-N.Y., said New Yorkers don’t want the trial in their state.
Sen. Dianne Feinstein, D-Calif., aggressively defended the effectiveness of using civilian courts to try terror suspects, saying Republicans are ignoring the Bush administration’s record. “…The Bush administration brought 200 terrorists to justice under (civilian) courts.”
Throughout the hearing Republicans questioned Holder over the reading of Miranda rights to terror suspects. Their concerns stemmed from the arrest of Christmas Day bomber Umar Farouk Abdulmutallab, who was read his rights after being detained. Sens. Orrin Hatch, R-Utah, and Lindsey Graham, R- S.C., along with Sessions, said that, once informed of their right to remain silent and to have an attorney present, suspects will be less likely to provide actionable intelligence.
But Holder disputed the idea, saying, “although I cannot discuss the intelligence that [Abdulmutallab] provided, I can tell you it has not just been valuable, it has been actionable.”
Holder also argued that “Mirandizing” terrorism suspects gives the impression that interrogators are going to be fair, which makes some suspects more likely to divulge meaningful information.
An issue over which there was less disagreement was the future of the Guantanamo Bay detention facility, which Holder referred to as a “recruiting tool” for terrorists.
Sen. Benjamin Cardin. D-Md., said, that “as a practical matter, as a budget issue, and certainly as a symbol, Guantanamo Bay has to close.”
Graham joined Holder and Cardin in calling for the detainees to be moved to a new facility “not tainted by the past.” Graham advised Holder to consult military leaders to find a solution.
“We’re basically a nation without a jail,” he said.